Euroopa Liidu Kohus
7.11.2018
Facts:
F.G., a third-country national, was granted subsidiary protection status in the Netherlands in September 2014. In January 2015, he applied for a visa for family reunification for his wife and minor daughter. In April 2015, the State Secretary rejected the application solely because it was lodged more than 3 months after the grant of protection, and the delay was deemed inexcusable. The wife and daughter appealed to the District Court of the Hague, which dismissed their case. They then appealed to the Council of State, which referred 2 questions to the CJEU for a preliminary ruling.
Questions referred to the CJEU by the national courts:
Does the CJEU have jurisdiction to interpret the Family Reunification Directive when national law applies it to subsidiary protection holders? Furthermore, can national rules reject late family reunification applications if exceptions are allowed, applicants are informed, and refugees retain more favorable treatment?
Court’s ruling:
The Court first affirmed that it does have jurisdiction to interpret the Directive, even where national law applied the Directive directly to beneficiaries of subsidiary protection, despite the Directive excluding such persons. It argued that in such cases the Directive’s application through national law brings it within the scope of the EU law.
The key legal question was whether national rules could reject a family reunification application solely for being submitted late. The court clarified that this is permitted under EU law, but only if certain safeguards are in place. These include allowing exceptions for objectively excusable delays, ensuring applicants are fully informed of the consequences of late submission and the remedies available, and maintaining more favorable conditions for recognized refugees under the directive. The Court explained that while Member States have discretion in setting such procedural rules, it must be exercised in a way that respects fundamental rights and the object and purpose of the Directive, which in this case aims to promote family unity and protect the right to family life.